Character Evidence

Question 1

Rule 405

Answer 1

Whenever character evidence is admissible, character can be proven:

1. by testimony in the form of an opinion about a person’s character or trait, or testimony about a person’s reputation in the general community.
2. Specific instances of conduct when trait is an essential element of a charge/claim/defense.

Question 2

Rule 404(a)(1)

Answer 2

Evidence of a person’s character or trait not admissible to prove propensity.

Question 3

Rule 404(a)(2)

Answer 3

Exceptions for D or V in criminal case:

1. D may offer D’s pertinent trait; P may offer evidence to rebut;
2. D may offer evidence of V’s pertinent trait, subject to 412 limitation. P may offer evidence to rebut and offer evidence of D’s same trait. Homicide case - P may offer V’s trait of peacefulness to rebut evidence that V was first aggressor.
3. Witness’s character may be admitted under 607, 608, 609.

Question 4

404(b) Other crimes, wrongs, or acts

Answer 4

Admissible to show ELEMENTS of a crime or AT ISSUE:

1. Knowledge
2. Identity (modus operandi)
3. Scheme
4. Motive
5. Opportunity
6. Mistake/accident (absence thereof)
7. Preparation
8. Intent
9. Plan

KIS MOM PIP

Question 5

Rule 413 Similar crimes in sexual assault cases

Answer 5

1. Permitted when relevant to elements;
2. Disclosure 15 days before to D;
3. Still subject to logical/legal relevance;
4. Sexual assault defined under 18 USC §513

Need not have been charged or convicted. States v. Mann (1999)

Question 6

5 character evidence exceptions

Answer 6

1. D re: D in criminal trial
2. D re: V in criminal trial
3. P re: D’s past sex crimes
4. P re: dead’s peaceful propensities
5. P or D re: witness untruthfulness

Question 7

When can you use specific instances of conduct?

Answer 7

WU-EE!

1. Witness Untruthfulness
2. Essential Element

Question 8

What is habit evidence?

Answer 8

Semi-automatic amoral behaviors.